Members of the Sports & Entertainment Law section (“SEL”) found the following recent third-party articles to be of potential interest to Section members. Feel free to reach out to the Communications Co-chairs (Kelly Ryan and Jourdan Williams) if you would like to submit either personally written pieces or other third-party articles found that would be of interest to SEL members.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2020-09-03 17:04:222020-09-03 17:04:22Articles of SEL Interest (August 2020)
While the world was quarantining, the privacy and data security world was busy. Now the California Consumer Privacy Act is in full swing with final regulations, the U.S./EU Privacy Shield is no longer valid, and the attorney-client privilege in data breaches has been challenged. With most purchases and interactions happening online, online businesses and virtual meeting spaces are in the crosshairs. Even your old trusty vendor agreement is at risk. All of these changes have significant implications for your clients and your practice, and it is easy to feel behind the curve. Your NCBA Privacy and Data Security Committee has your back! We’ve created a full day seminar (6 MCLE credits*) to get you up to speed. You’ll get ethics and technology credit as well. And with safety in mind, the seminar will be 100% virtual. If you are one of the first 30 people to sign up, you’ll receive a $65 discount. You can sign up here.
Hope to “see” you there!
*6.00 MCLE Hours Includes 1.00 Ethics/Professional Responsibility and 1.00 Technology Training Qualifies for NC State Bar Privacy & Information Security Law Specialization
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Privacy and Data Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngPrivacy and Data Security2020-09-03 10:29:542020-09-03 14:48:48A Lot Has Changed in Privacy and Data Security This Year. Do You Feel Up to Date?
According to multiple news reports, on Friday, August 28, 2020, Gov. Cooper filed a complaint in Wake County seeking a declaratory judgment and permanent injunction. Gov. Cooper stated, “G.S. 143B-30.1(a), ‘Rules Review Commission created,’ is unconstitutional and therefore void and of no effect.” The complaint may be viewed here.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-09-01 14:57:202020-09-01 15:11:30RRC Constitutionality is Challenged by Governor’s Lawsuit
As Elder Law attorneys, we need to be aware of the dangers our clients face from a number of fraudulent scams that can quickly deplete their assets. One good resource is a new book, “Elder Fraud Wars: Case Histories from an Enforcement Attorney” (Exposit, 2020). Author David Neil Kirkman is a recently retired attorney who spent most of his career working with the Consumer Protection Division of the North Carolina Attorney General’s Office. In his book, Kirkman recounts stories and specific cases that he encountered during his time managing the Elder Fraud Unit.
Why are the elderly at extraordinary risk of being scammed? Kirkman quotes Willie Sutton’s response when asked why he robbed banks: “Because that’s where the money is.” According to the most recent Survey of Consumer Finances from the Federal Reserve Board (2017), median wealth in the U.S. for those who are 35-44 years old is $60,000 while the median wealth figure for those who are 65 years old and over is above $225,000. Kirkman also presents a set of other key victim vulnerabilities for the elderly, including many situations that we routinely encounter with our elderly clients: 100% equity in their home, physical or emotional isolation, impairments such as immobility, limited eyesight or hearing, cognitive decline, and loneliness. Elderly individuals may also have the desire to be decision makers again and to have something important happening in their lives. Any combination of these factors presents an opportunity for professional scammers to present themselves and take advantage of elderly individuals.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ElderLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngElderLaw2020-08-31 15:31:382020-08-31 15:59:39Book Review: "Elder Fraud Wars" by David Neil Kirkman
“The health of a democratic society may be measured by the quality of functions performed by private citizens.”
— Alexis de Tocqueville, “Democracy in America”
The proper functioning of our nation’s elections — unquestionably vital to our democracy’s health — largely depends on private citizens serving as poll workers. According to a recent article in the Raleigh News & Observer, due to the COVID-19 public health emergency, North Carolina is bracing for reduced participation among citizens typically willing to serve as poll workers. With the NC State Board of Elections (“SBE”) reporting an average age of 70 years among poll workers, this demographic clearly intersects with the population most vulnerable to the health impacts of COVID-19.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-08-28 15:45:262020-08-28 15:45:26Be a Democracy Hero – An Appropriate Role for Attorneys
Welcome to a new Bar year! My name is Jennifer Jones, and I am honored to serve this year as the Chair of the Government & Public Sector Section for the 2020-2021 year.
Of course, this Bar year is shaping up to be unlike any other in the last 121 years of the history of the North Carolina Bar Association, or at least in any of our collective memories. We are living through historic times in multiple ways. We are facing a pandemic that feels endless at times. We are acknowledging our nation’s history of systemic racism, and trying to right the wrongs that Black, Indigenous, and people of color have faced for far too long. Additionally, we are living through a contentious election year that threatens to divide us, when we need to come together to fight both the pandemic and systemic racism.
Of course, the stress of living and working in a pandemic and navigating this new way of life takes a toll on all of us. Frankly, I am tired of hearing the term “the new normal,” but there seems to be no other way to describe what’s happening now. From teleworking, to finding childcare, to caring for aging parents, to schooling our children at least part time from home, 2020 has been a year of incredible challenges.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00GovernmentandPublicSectorhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngGovernmentandPublicSector2020-08-26 16:04:572020-08-26 16:19:40A Welcome Message from the Chair
On August 21, 2020, the North Carolina Industrial Commission posted a quarterly update to their website. The update can be found here. The update addresses the upcoming NCIC Educational Conference, the emergency amendment to Rule 11 NCAC 23G, and ways for interested stakeholders to receive updates via email.
Some may not know that the North Carolina General Assembly has adopted legislation providing for a four-year scholarship for children of wartime veterans at approved schools in North Carolina. We think this scholarship program is a tremendous benefit to North Carolina residents, and we hope Military & Veteran Law Section members will circulate the information below to anyone interested.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00MilitaryandVeteranshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngMilitaryandVeterans2020-08-24 17:04:282020-08-24 17:04:28Scholarships for Children of Wartime Veterans
I hope this message finds you well. I am honored to be the Chair of the Real Property Section for the 2020-2021 NCBA year. Joining me on this year’s Executive Committee are Vice-Chair Christina Pearsall with Schell Bray PLLC in Greensboro, Secretary-Treasurer Lindsay Thompson with The Van Winkle Law Firm in Asheville, and immediate Past Chair Brian Taylor with White & Allen P.A. in New Bern.
As a Section, we owe Brian Taylor a debt of gratitude for his steady guidance during the past year, particularly after the onset of the COVID-19 pandemic. Brian coordinated the Section’s response to the unprecedented challenges to our profession wrought by the pandemic, including measures intended to facilitate the provision of legal services despite business and government office closures, social distancing and economic upheaval. With the Section’s support and in concert with advocacy by other stakeholders in the real estate industry, the Good Funds Settlement Act was temporarily amended to allow disbursements prior to recording of the deed, subject to compliance with certain conditions and requirements, when the applicable Register of Deeds is not accepting documents for recording. In addition, with the Section’s support, the General Assembly adopted legislation temporarily allowing notary acknowledgments to be completed remotely by video. I would like to acknowledge and thank Nancy Ferguson for the significant role that she played in guiding the Section’s efforts with respect to both of these measures.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00RealPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngRealProperty2020-08-24 10:02:182020-08-24 10:36:39Welcome Message from the Real Property Section Chair
Greetings Privacy and Data Security Section members, and welcome to the 2020-2021 bar year! It is my honor and privilege to serve as Chair this year, and I am looking forward to working with an amazing and highly invested group of council members, committee co-chairs, and NCBA staff. I’m also very excited about this year’s top-notch programming, activities, blog content, and other valuable benefits our Section provides our members.
While this year may look a little different in light of the unique challenges that we are all navigating during the COVID-19 pandemic, the Section leadership is committed to providing the same excellent CLE programming, social and professional benefits, and practical tips and discussions with colleagues in this evolving area of law.
Below is an update on the Section’s activities this year and some opportunities for members to get involved in the Section’s work.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSecurity2020-08-20 16:55:122020-08-20 16:55:12A Message from the Chair of the NCBA Privacy and Data Security Section
Articles of SEL Interest (August 2020)
Sports & Entertainment Law SectionMembers of the Sports & Entertainment Law section (“SEL”) found the following recent third-party articles to be of potential interest to Section members. Feel free to reach out to the Communications Co-chairs (Kelly Ryan and Jourdan Williams) if you would like to submit either personally written pieces or other third-party articles found that would be of interest to SEL members.
A Lot Has Changed in Privacy and Data Security This Year. Do You Feel Up to Date?
Privacy and Data SecurityWhile the world was quarantining, the privacy and data security world was busy. Now the California Consumer Privacy Act is in full swing with final regulations, the U.S./EU Privacy Shield is no longer valid, and the attorney-client privilege in data breaches has been challenged. With most purchases and interactions happening online, online businesses and virtual meeting spaces are in the crosshairs. Even your old trusty vendor agreement is at risk. All of these changes have significant implications for your clients and your practice, and it is easy to feel behind the curve. Your NCBA Privacy and Data Security Committee has your back! We’ve created a full day seminar (6 MCLE credits*) to get you up to speed. You’ll get ethics and technology credit as well. And with safety in mind, the seminar will be 100% virtual. If you are one of the first 30 people to sign up, you’ll receive a $65 discount. You can sign up here.
Hope to “see” you there!
*6.00 MCLE Hours Includes 1.00 Ethics/Professional Responsibility and 1.00 Technology Training Qualifies for NC State Bar Privacy & Information Security Law Specialization
RRC Constitutionality is Challenged by Governor’s Lawsuit
Administrative LawAccording to multiple news reports, on Friday, August 28, 2020, Gov. Cooper filed a complaint in Wake County seeking a declaratory judgment and permanent injunction. Gov. Cooper stated, “G.S. 143B-30.1(a), ‘Rules Review Commission created,’ is unconstitutional and therefore void and of no effect.” The complaint may be viewed here.
Book Review: “Elder Fraud Wars” by David Neil Kirkman
Elder & Special Needs LawAs Elder Law attorneys, we need to be aware of the dangers our clients face from a number of fraudulent scams that can quickly deplete their assets. One good resource is a new book, “Elder Fraud Wars: Case Histories from an Enforcement Attorney” (Exposit, 2020). Author David Neil Kirkman is a recently retired attorney who spent most of his career working with the Consumer Protection Division of the North Carolina Attorney General’s Office. In his book, Kirkman recounts stories and specific cases that he encountered during his time managing the Elder Fraud Unit.
Why are the elderly at extraordinary risk of being scammed? Kirkman quotes Willie Sutton’s response when asked why he robbed banks: “Because that’s where the money is.” According to the most recent Survey of Consumer Finances from the Federal Reserve Board (2017), median wealth in the U.S. for those who are 35-44 years old is $60,000 while the median wealth figure for those who are 65 years old and over is above $225,000. Kirkman also presents a set of other key victim vulnerabilities for the elderly, including many situations that we routinely encounter with our elderly clients: 100% equity in their home, physical or emotional isolation, impairments such as immobility, limited eyesight or hearing, cognitive decline, and loneliness. Elderly individuals may also have the desire to be decision makers again and to have something important happening in their lives. Any combination of these factors presents an opportunity for professional scammers to present themselves and take advantage of elderly individuals.
Read more
Be a Democracy Hero – An Appropriate Role for Attorneys
Administrative Law“The health of a democratic society may be measured by the quality of functions performed by private citizens.”
— Alexis de Tocqueville, “Democracy in America”
The proper functioning of our nation’s elections — unquestionably vital to our democracy’s health — largely depends on private citizens serving as poll workers. According to a recent article in the Raleigh News & Observer, due to the COVID-19 public health emergency, North Carolina is bracing for reduced participation among citizens typically willing to serve as poll workers. With the NC State Board of Elections (“SBE”) reporting an average age of 70 years among poll workers, this demographic clearly intersects with the population most vulnerable to the health impacts of COVID-19.
Read more
A Welcome Message from the Chair
Government & Public SectorBy Jennifer Jones
Government & Public Sector Members:
Welcome to a new Bar year! My name is Jennifer Jones, and I am honored to serve this year as the Chair of the Government & Public Sector Section for the 2020-2021 year.
Of course, this Bar year is shaping up to be unlike any other in the last 121 years of the history of the North Carolina Bar Association, or at least in any of our collective memories. We are living through historic times in multiple ways. We are facing a pandemic that feels endless at times. We are acknowledging our nation’s history of systemic racism, and trying to right the wrongs that Black, Indigenous, and people of color have faced for far too long. Additionally, we are living through a contentious election year that threatens to divide us, when we need to come together to fight both the pandemic and systemic racism.
Of course, the stress of living and working in a pandemic and navigating this new way of life takes a toll on all of us. Frankly, I am tired of hearing the term “the new normal,” but there seems to be no other way to describe what’s happening now. From teleworking, to finding childcare, to caring for aging parents, to schooling our children at least part time from home, 2020 has been a year of incredible challenges.
Read more
NCIC Quarterly Update
Workers' Compensation SectionOn August 21, 2020, the North Carolina Industrial Commission posted a quarterly update to their website. The update can be found here. The update addresses the upcoming NCIC Educational Conference, the emergency amendment to Rule 11 NCAC 23G, and ways for interested stakeholders to receive updates via email.
Scholarships for Children of Wartime Veterans
Military & Veterans LawSome may not know that the North Carolina General Assembly has adopted legislation providing for a four-year scholarship for children of wartime veterans at approved schools in North Carolina. We think this scholarship program is a tremendous benefit to North Carolina residents, and we hope Military & Veteran Law Section members will circulate the information below to anyone interested.
More information can be found at https://www.milvets.nc.gov/services/scholarships and requirements and information for the scholarship can be found at https://veterans.uncg.edu/wp-content/uploads/2016/09/NCDVA-16InstructionSheet.pdf.
Welcome Message from the Real Property Section Chair
Real PropertyI hope this message finds you well. I am honored to be the Chair of the Real Property Section for the 2020-2021 NCBA year. Joining me on this year’s Executive Committee are Vice-Chair Christina Pearsall with Schell Bray PLLC in Greensboro, Secretary-Treasurer Lindsay Thompson with The Van Winkle Law Firm in Asheville, and immediate Past Chair Brian Taylor with White & Allen P.A. in New Bern.
As a Section, we owe Brian Taylor a debt of gratitude for his steady guidance during the past year, particularly after the onset of the COVID-19 pandemic. Brian coordinated the Section’s response to the unprecedented challenges to our profession wrought by the pandemic, including measures intended to facilitate the provision of legal services despite business and government office closures, social distancing and economic upheaval. With the Section’s support and in concert with advocacy by other stakeholders in the real estate industry, the Good Funds Settlement Act was temporarily amended to allow disbursements prior to recording of the deed, subject to compliance with certain conditions and requirements, when the applicable Register of Deeds is not accepting documents for recording. In addition, with the Section’s support, the General Assembly adopted legislation temporarily allowing notary acknowledgments to be completed remotely by video. I would like to acknowledge and thank Nancy Ferguson for the significant role that she played in guiding the Section’s efforts with respect to both of these measures.
Read more
A Message from the Chair of the NCBA Privacy and Data Security Section
Privacy and Data SecurityBy Erin Illman
Greetings Privacy and Data Security Section members, and welcome to the 2020-2021 bar year! It is my honor and privilege to serve as Chair this year, and I am looking forward to working with an amazing and highly invested group of council members, committee co-chairs, and NCBA staff. I’m also very excited about this year’s top-notch programming, activities, blog content, and other valuable benefits our Section provides our members.
While this year may look a little different in light of the unique challenges that we are all navigating during the COVID-19 pandemic, the Section leadership is committed to providing the same excellent CLE programming, social and professional benefits, and practical tips and discussions with colleagues in this evolving area of law.
Below is an update on the Section’s activities this year and some opportunities for members to get involved in the Section’s work.
Read more